PM v RM [2025] EWFC 11 (20 January 2025)

PM v RM [2025] EWFC 11 (20 January 2025)

Given the husband's deficient disclosure and the family's recent extravagant standard of living, the court finds on the balance of probabilities that the husband has access to sufficient resources to meet the wife's interim claims for maintenance and legal funding. The sums sought are reasonable in the context of the parties' lifestyle and litigation needs. The application for an injunction is refused as there is no current evidential basis for risk of dissipation, but the court may revisit this if circumstances change.

Citation
[2025] EWFC 11
Parties
Applicant: PM; Respondent: RM
Jurisdiction
England and Wales
Judgment Date
20 January 2025
Procedural Posture
Family Law Financial Remedies / Interim Application for Maintenance Pending Suit (mps) and Legal Services Payment Order (lspo)
Outcome
Application for maintenance pending suit and legal services payment order granted in part; injunction application refused; directions for expedited financial remedy proceedings made.
Legal Topics
Maintenance Pending Suit, Legal Services Payment Order, Interim Financial Relief, Injunctions, Disclosure of Resources, Standard of Living, Costs Orders
Family Law Maintenance Pending Suit Legal Services Payment Order Interim Financial Relief Injunctions Disclosure of Resources Standard of Living Costs Orders

Case Brief

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Parties

PM

Applicant

RM

Respondent

Procedural Posture

Family Law Financial Remedies / Interim Application for Maintenance Pending Suit (mps) and Legal Services Payment Order (lspo)

Legal Issues

  1. 1 Whether the applicant (wife) is entitled to maintenance pending suit (MPS) and a legal services payment order (LSPO)
  2. 2 Whether the respondent (husband) has sufficient resources to meet interim financial claims
  3. 3 Whether an injunction should be granted to prevent dealing with the family home

Ratio Decidendi

Given the husband's deficient disclosure and the family's recent extravagant standard of living, the court finds on the balance of probabilities that the husband has access to sufficient resources to meet the wife's interim claims for maintenance and legal funding. The sums sought are reasonable in the context of the parties' lifestyle and litigation needs. The application for an injunction is refused as there is no current evidential basis for risk of dissipation, but the court may revisit this if circumstances change.

Court Disposition

Application for maintenance pending suit and legal services payment order granted in part; injunction application refused; directions for expedited financial remedy proceedings made.

Orders

  • Husband to pay wife £33,410 per month in maintenance pending suit, plus mortgage, utilities, school fees, salary for one security guard and nanny, and medical expenses, monthly in advance from date of application.
  • Husband to pay wife £60,668 towards incurred legal costs within 14 days.